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FEATHERMAN v. INDUSTRIAL COMMISSION

No. 11763-PR

112 Ariz. 52 (1975)

537 P.2d 922

Walter E. FEATHERMAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phelps Dodge Corporation, Respondent, Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 16, 1975.

Attorney(s) appearing for the Case

Gorey & Ely by Joseph M. Bettini, Phoenix, for petitioner.

William C. Wahl, Former Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Evans, Kitchel & Jenckes by Leon D. Bess, Arne M. Rovick, Phoenix, for respondent employer.

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for respondent carrier.

STRUCKMEYER, Vice Chief Justice.

Petitioner, Walter E. Featherman, was employed by respondent Phelps Dodge Corporation from July 9, 1936 through June 29, 1969. On March 1, 1972, he filed a report of injury, claiming benefits under the "Workmen's Compensation Act and/or Occupational Disease Law." On October 5, 1972, the hearings officer for the Industrial Commission entered an award for a non-compensable claim. After a motion for rehearing was denied and the decision...

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